Dispute Resolution, Enforcement, Future of mediation, International Law, International Mediation, Singapore Convention on Mediation

(Tahota Law Firm)/ /1 Comment

The Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“the New York Convention”) makes a huge contribution to the success of international arbitration by providing tools for global enforcement of arbitral awards. To that end, international mediation has been underused because of the lack of necessary international enforcement mechanisms of mediated settlement agreements….

COVID-19, Public Policy, Scotland, Uncategorized

(University of Strathclyde)/ /2 Comments
Woman wearing facemask

‘He who would do good to another must do it in Minute Particulars’ (William Blake, Jerusalem) The coronavirus pandemic deals its cards very unevenly. Some individuals get it lightly, if at all, and even countries seem to be spared, at least for now. For others it’s a catastrophe. Here in the UK we watch, helpless,…

COVID-19, crisis negotiatons, Dialogue, Economics, Environmental Mediation, Game Theory, Governments/Public Sector, International Mediation, Mediation and Society, Public Policy

(Core Solutions Group)/ /1 Comment

So ended a recent article in the FT by Martin Wolf on the economic response needed in the wake of the coronavirus pandemic. In it he argues that Governments acting in the collective interest must be the buyer of last resort as well as the lender of last resort to prevent the economy imploding as…

Commercial Mediation, Communication, Mediation Practice

(Weiler ADR Inc.)/ /12 Comments

Events last Friday have resulted in a harrowing few days for we mediators forced to move our practice online as a result of the COVID-19 pandemic. We’ve all been using Zoom. Zoom immediately emerged as the “go-to” platform for video mediation for the simple reason it offered “break-out rooms”, a function inexplicably absent in FaceTime,…

ADR, Clients, Commercial Mediation, Conflict, Conventional wisdom, Creativity, Decision making, Dialogue, Dispute Resolution, Efficiency, Experience, Flexibility, Future of mediation, General, Growth of the Field (Challenges, New Sectors, etc.), Mediation as a business, Mediation Practice, mediation process, mediation traditions, Mediation Users/Clients, Mediators’ Conduct, Online Dispute Resolution (ODR), Online Mediation, Patience, Preparation, Promoting Mediation, Reflective Practice, Reflective practise, shuttle mediation, Success in mediation, Time Pressure, Transformation, user perspectives

(Bill Marsh Mediator)/ /20 Comments

For once, I seem to have time. No travel, no trips out, no long walks on the hills. Some zoom mediations, granted, but still much more time. And with that, I find myself reflecting on the significance of time in mediation. Time is a major feature in mediation. Indeed, we ourselves have promoted the process…

Bias, Chinese Literature, Cognitive Bias, Conflict, Mediator's Image, Neuroscience, Promoting Mediation, The role of the mediator

(Kwok, Ng & Chan, Solicitors & Notaries)/ /2 Comments

This is a tale from an ancient piece of Chinese literature – Lu’s Commentaries of History – – compiled in 239 B.C. by Lu Buwei, the Prime Minister of the state of Qin.- “There was once a villager who had lost his hatchet. Thinking it was stolen by his neighbour’s son, Wang, he began observing…

China, COVID-19, Europe, Future of mediation, Leadership, Mediation and Society, Neuroscience, Perception, The role of the mediator

(FORARB/Charles University)/ /Leave a comment

Early in the morning, I got a call from a lawyer representing one of the parties in cross border mediation. “Would you consider changing the venue for our meeting?”, he asked. Usually not a surprising demand. This time an expected one. We were about to meet in Milan, Italy which at the time being had…

Cooperation, COVID-19, Dialogue, General, Interests, Online Mediation

(NZ Centre for ICT Law & School of Law, Auckland University)/ /Leave a comment

Hello babies. Welcome to Earth. It’s hot in the summer and cold in the winter. It’s round and wet and crowded. On the outside, babies, you’ve got a hundred years here. There’s only one rule that I know of, babies- “God damn it, you’ve got to be kind.” Kurt Vonnegut God Bless You, Mr. Rosewater…